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Factors that Affect the Blood Alcohol Level and Potential Errors

Understanding DUI Charges and Blood Alcohol Concentration Inaccuracies

Introduction to DUI Charges

Being arrested and charged with driving under the influence (DUI) can be a harrowing experience. If you are pulled over by a police officer while behind the wheel in Los Angeles, California, and you appear to be intoxicated, the officer will very likely ask you to take a breath or blood test. Sometimes, a blood test for a DUI may not be accurate. There are a variety of factors that, together, can affect the rate of alcohol absorption and how quickly it is distributed through the bloodstream, as well as how quickly it exits the body. There are also other inaccuracies that can occur that have nothing to do with the individual who is being tested. It is important for anyone who is ordered to take a blood alcohol concentration (BAC) test to know about these discrepancies so that they have a better chance if they are arrested for DUI.

How is Your Blood Alcohol Concentration Affected?

Impact of Food on Alcohol Absorption

One of the biggest reasons why there may be inaccuracies in your blood alcohol concentration is that you have consumed food while you drank alcohol. Food will change the level of alcohol that is absorbed by the body and into the bloodstream. The alcohol absorption is considerably slower when a person eats. In general, the greatest point of intoxication, or blood alcohol concentration peak, occurs anywhere from one to six hours. When a person has been drinking but has not had much to eat or has not eaten while drinking alcohol, it takes a shorter time for their blood alcohol concentration peak to occur, usually within an hour or two after drinking. It is believed that carbohydrates, fats, and proteins in food may have an effect on how quickly alcohol is absorbed into the body, but there is no definitive evidence of that. However, the bigger the meal consumed and the sooner it is eaten in relation to the alcohol consumption, the slower the alcohol will be absorbed by the body.

Alcohol Concentration in Beverages

Additionally, the strength of an alcoholic beverage also determines how quickly it is absorbed by the body. Drinks containing 10 to 30 percent alcohol concentration are absorbed the fastest, while those containing less than 10 percent alcohol take longer to be absorbed.

Physiological Factors

In addition to the food consumed and the alcohol itself, there is another factor that can cause a person’s blood alcohol concentration to be inaccurate. A person’s body type, fat content, and weight can be a factor as to how alcohol is distributed into their bloodstream. Generally, people with lower body fat percentages will have a lower blood alcohol concentration. Individuals who have a higher fat content will also have a greater blood alcohol concentration. Also, the less a person weighs, the more alcohol is absorbed into their bloodstream.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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A person’s liver is responsible for ridding the body of alcohol. Women are also able to eliminate alcohol from their systems 10 percent faster than men. In addition, if someone is drinking alcohol at a rate that is faster than the elimination of the alcohol content from their body, their BAC will be greater.

Why Else Would There Be Inaccuracies in Your BAC?

Common Sources of Error

Other factors can come into play that determine that a person’s blood alcohol concentration may be inaccurate. Here are the most common reasons:

  • Operator Error: The person administering a DUI breath test may make certain mistakes that can lead to inaccuracies in BAC, such as not ensuring that the mouth is empty before taking the test; failing to observe the individual for 15 minutes prior to starting the test; not recording the start time for the 15 minutes; not getting at least two blows with consistent readings or recording the time each blow was made; and improperly attaching the mouthpiece to the device.
  • Laboratory Errors: Sometimes, there are lab errors, such as an improperly trained breath testing device operator; the device not being properly calibrated; or poor record-keeping.
  • Medical Conditions: Certain medical conditions can cause a person’s BAC to have a false reading, such as breathing problems like asthma; gastrointestinal conditions like acid reflux; hypoglycemia; or a high-protein and low-carbohydrate diet.
  • Residual Alcohol in the Mouth: Occasionally, the person has what is known as “residual mouth alcohol,” which occurs when some alcohol remains in the mouth’s linings. Other substances, such as mouthwash and cough syrups containing alcohol can show false BAC results.

Legal Assistance

If you believe you have received an inaccurate BAC reading and are being charged with a DUI, it’s important to hire a skilled criminal defense attorney. It is your best chance of proving your BAC was lower than the results showed. For more information, consider visiting The National College for DUI Defense, a professional organization that specializes in DUI defense.

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